Selling the Cottage or Rental in Retirement: Will That One-Year Capital Gain Trigger the OAS Clawback or Cut Your GIS?
The answer depends on one figure: your net income for the year the sale closes. Work out that figure, find which of four income bands it falls in, and you can see what happens to your GIS and OAS and in which July-to-June period.
Will the capital gain from selling a cottage or rental in retirement trigger the OAS clawback or cut my GIS?
It can trigger one, both, or neither. What decides it is your net income for the sale year, and that figure includes half of the capital gain plus all of any recaptured depreciation on a rental. If that income is over the GIS ceiling (canada.ca lists $23,112 for a single person), GIS for the July-to-June period after the sale year is nil. The OAS clawback starts once adjusted income passes $93,454 (2025 income year): you repay 15% of the amount above that line, up to the full OAS you received that year.
Source: Income Tax Act, ss. 13(1), 38(a), 180.2 (Justice Laws, current to 2026-09-21); Old Age Security Act, ss. 2, 10 (current to 2026-09-21); Canada Revenue Agency, Line 23500 (2026); Service Canada, GIS eligibility (2026).
I’m Arthur Zhao, a real estate broker in Toronto. When a cottage or rental sale closes, the lawyer’s reporting letter arrives and one line stands out: the net amount that went into your account. If you’re 65 or older and receiving Old Age Security, maybe with the Guaranteed Income Supplement as well, the natural question is whether that deposit counts as income.
The deposit itself isn’t what gets measured. The Income Tax Act turns the sale into a smaller number, and that number is added to the rest of your income for the year. The total then falls into one of four bands, and each band has its own consequence for GIS and OAS. This article first shows how the number is built, then goes through the bands from bottom to top. It explains how the rules work and isn’t tax advice for your situation. Your accountant runs the actual figures.
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Building the number: what part of the sale counts as income
Four pieces of a property sale matter here, and they don’t count the same way.
- Capital gain. Under ITA s.40(1)(a), the gain is your proceeds of disposition minus the adjusted cost base (ACB) and the outlays and expenses of selling. The sale price on its own isn’t the gain.
- Taxable capital gain. Under ITA s.38(a), as currently in force, half of that gain is taxable. Only this half goes into income.
- Recaptured depreciation. If you claimed capital cost allowance on a rental building, s.13(1) adds any excess that comes out of the class formula at year-end into income in full. The half-rate doesn’t apply to it. Reading the formula plainly, recapture can only come up on depreciable property where CCA was claimed.
- Principal residence portion. Under s.40(2)(b), the gain on a property that was your principal residence for some years is reduced by a formula. The part removed this way isn’t a capital gain and doesn’t go into income.
Add those amounts to your pension and other income for the calendar year and you have the total that the GIS and OAS rules work from. Two related topics have their own articles on this site: how good records set your ACB, and what happens to the exemption when part of a home was rented out.
The four bands
| Band | Sale-year income | What it affects |
|---|---|---|
| 1 | Still under the GIS ceiling (e.g. under $23,112, single) | GIS continues but is recalculated on the higher income |
| 2 | Over the GIS ceiling, under $93,454 (2025) / $95,323 (2026) | GIS nil for one payment period; OAS untouched |
| 3 | Over the minimum OAS recovery threshold | 15% of the excess repaid; GIS nil |
| 4 | Over the maximum threshold ($152,062 at 65–74; $157,923 at 75+, 2025) | All of the year’s OAS repaid; GIS nil |
The GIS figures and the OAS figures measure slightly different things, so the two columns don’t line up exactly. More on that in the band 1 section. The dollar figures come from two canada.ca pages: the GIS eligibility page (dated 2026-10-01) and the OAS recovery tax threshold table (dated 2026-09-29).
ℹ️The OAS recovery thresholds are set per income year. On canada.ca, the 2026 maximum thresholds ($155,320 / $161,320) are marked as estimates until the final figures are published. Check the table again before relying on a 2026 figure.
Band 1: still under the GIS ceiling
GIS works on payment periods. Under the Old Age Security Act, s.2, a payment period runs from July 1 to June 30. Under s.10, the base calendar year is the last calendar year that ends before that period. So the sale year is the base year for the payment period that starts the following July. For a 2026 sale, that means July 2027 to June 2028.
GIS uses its own definition of income. Section 2 starts from income computed under the Income Tax Act, then takes out the OAS benefits themselves (paragraph (c)) and gives a deduction on employment and self-employment earnings. The definition has no special deduction for capital gains, so the taxable half of the gain counts in full.
If the total still stays under the ceiling, GIS continues. The Act reduces the supplement as base-year income goes up, so the cheques in that payment period will be smaller. In July, Service Canada sends a letter after its annual review of your tax return. One of the possible results the letter lists is renewed (with the new amount).
Band 2: over the GIS ceiling, under the OAS recovery threshold
According to Service Canada’s GIS eligibility page, the annual income limits are: under $23,112 for a single, divorced or widowed person; under $30,528 combined if your spouse or common-law partner receives the full OAS pension; under $42,768 combined if your partner receives the Allowance; and under $55,392 combined if your partner doesn’t receive OAS.
If the sale lifts the year’s income above the limit that applies to you, you don’t qualify for GIS in the payment period that uses that year as its base. GIS is nil for those twelve months. OAS is a separate program measured against a much higher line. In this band, the OAS pension continues in full and no recovery tax applies.
After that period ends, the next payment period uses the next calendar year as its base. Your eligibility is worked out again from that year’s income, and the sale year no longer counts.
Band 3: over the minimum OAS recovery threshold
This band is governed by Part I.2 of the Income Tax Act. Section 180.2(2) sets the tax as the lesser of (a) the OAS benefits included in your income for the year, and (b) 15% of your adjusted income above $50,000. The $50,000 is indexed to inflation every year, because s.117.1(2)(t) includes every dollar amount in Part I.2. According to the Canada Revenue Agency’s Line 23500 guidance, the figure for the 2025 tax year is $93,454. The canada.ca threshold table lists $95,323 for the 2026 income year.
Adjusted income (s.180.2(1)) is your Part I income with a short list of exclusions. A taxable capital gain from selling a cottage or rental isn’t on that list, and neither is recapture, so both count.
Here is an illustration of the arithmetic only. Suppose adjusted income for 2025 were $120,000. The amount over the line is $26,546, and 15% of that is $3,981.90. You would repay that amount, or the OAS you actually received in 2025 if that is smaller.
That tax is due with your return for the sale year. Then a second step starts. Under s.180.2(3) and (4), each monthly OAS payment has an amount withheld, worked out from a base taxation year. For January–June payments, the base year is the year two calendar years earlier. For July–December payments, it is the previous year. So the sale year becomes the base for the twelve payments from the following July through the next June. The canada.ca table shows the same pattern: 2025 income drives July 2026 to June 2027.
Band 4: over the maximum threshold
Because s.180.2(2) takes the lesser of two amounts, the recovery tax can never be more than the OAS you received that year. Once 15% of the excess equals your OAS for the year, every extra dollar of income changes nothing, because the whole pension is already being repaid. The canada.ca table shows where that happens for the 2025 income year: $152,062 for people aged 65–74 and $157,923 for people 75 and older. For the 2026 income year, the page gives $155,320 and $161,320, and marks both as estimates.
In this band, the sale-year return settles a recovery tax equal to that year’s full OAS. Under the s.180.2(4) withholding formula, the amount withheld each month is capped at the payment itself. So for the twelve months that use the sale year as their base, the amount withheld can equal the whole monthly payment. GIS is nil, as it is in bands 2 and 3.
The estimated-income option, and why a sale doesn’t qualify
The Old Age Security Act has one way to have GIS worked out on a lower, estimated income instead of base-year income. Section 14(2) to (6) allows an extra statement of estimated income only in specific cases: you or your spouse stopped working or stopped carrying on a business, or pension income stopped or was reduced. Service Canada’s page on receiving GIS describes the same two cases.
A capital gain from a one-time sale isn’t on that list. Nothing in these subsections lets a year with a sale be swapped for an estimate. So for GIS purposes, the sale year counts as a full base year for one payment period.
⚠️This article explains how the rules work. It doesn’t say when to sell or how to structure a sale. Which year a closing falls in decides which July-to-June period is affected, and only your accountant can run that for your own income.
💡 My own read is that the sale price matters less than how the gain is calculated. Two sellers can close at the same price and end up in different bands. One may have a well-documented ACB that includes capital improvements. The other may have a rental where CCA was claimed for years and is now recaptured in full. The difference is in the records and in the property’s tax history, and that history is fixed before the listing goes up. Before you assume a band, ask your accountant to build your number from those records.
- Income Tax Act, ss. 13(1), 38, 40(1)(a), 40(2)(b), 117.1(2)(t), 180.2 (Justice Laws, current to 2026-09-21)
- Old Age Security Act, ss. 2, 7(5), 10, 11(4), 14 (Justice Laws, current to 2026-09-21)
- Canada Revenue Agency, Line 23500: Social benefits repayment (modified 2026-01-20)
- Canada.ca, Old Age Security pension recovery tax (threshold table, page dated 2026-09-29)
- Canada.ca, Guaranteed Income Supplement: Do you qualify (page dated 2026-10-01)
- Canada.ca, While receiving GIS (page dated 2026-05-26)
Adjusted Cost Base & Capital Improvements: How Good Records Cut Your Tax When You Sell a Rental or Cottage →You Rented Out Your Basement. Will You Owe Capital Gains Tax When You Sell? →The Ontario Senior Homeowners’ Property Tax Grant on a Calendar: From the December 31 Snapshot to the Payment →The Ontario Selling Blueprint →
Frequently Asked Questions
My spouse and I own the cottage together. Does GIS look at both of our incomes?
For couples, yes. Service Canada’s GIS eligibility page sets the limits as combined annual income of the couple: for example, under $30,528 if your partner receives the full OAS pension. The OAS recovery tax works differently. ITA s.180.2(2) measures each person’s own adjusted income against the threshold. How the gain is divided between co-owners is a question for your accountant.
Will the OAS clawback start coming off my cheque the month after the sale?
No. Under ITA s.180.2(1), the amount withheld from a monthly OAS payment is based on a base taxation year: the year two calendar years earlier for January–June payments, and the previous year for July–December payments. The sale year therefore first affects withholding the following July. The recovery tax for the sale year itself is settled on that year’s return.
If all of my OAS is clawed back one year, does it come back on its own?
Recovery tax is calculated year by year on that year’s own adjusted income (ITA s.180.2(2)). Monthly withholding is recalculated as the base taxation year moves forward. A sale year above the 2025 maximum of $152,062 (ages 65–74) affects that year’s tax and the twelve payments that use it as their base. Later years are measured on later income.
Am I paying the clawback twice, once on my return and again through withholding?
No. Under ITA s.180.2(3), the amounts withheld are taken on account of your recovery tax for the year in which they are withheld. That year’s return compares the tax actually owing with the amount already withheld. If your income in the next year is expected to be substantially lower, the Canada Revenue Agency’s Line 23500 page says you can ask, using Form T1213(OAS), to have the recovery tax withheld at source reduced starting in July.
Why is the maximum clawback threshold higher for people 75 and older?
Since July 2022, the Old Age Security Act, s.7(5), has increased the full monthly pension by 10% for people aged 75 and older. Recovery tax is capped at the OAS actually received, so a larger pension takes more income to repay in full. That is why the 2025 maximum is $157,923 at 75+ compared with $152,062 at 65–74 (canada.ca).
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